How long after a partition suit is filed will parties be notified

Real Estate 2 views 3 answers
If a partition suit of inherited real property is filed (only two owners). How long after the filing will the other owner be notified of the suit? Will this go straight before a judge or will there be a chance to go to mediation to try and work things out?

Attorney Answers

3
Jonathan Klurfeld ·
You get notice when the process server/sheriff comes to your home and serves you. It can be 1 day to 1 week. You can request mediation, or the judge may send you, but it is not a procedural right. Instead of paying a mediator each $150-200 per hour, you may be better off trying to settle it agreeably.
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Nestor Gorfinkel ·
When a lawsuit is filed the attorney has a summons issued to serve the other party. The other party should be notified or "served" with the suit shortly thereafter. The judges usually order mediation before letting it go to trial. In this case, the attorney should request that the Judge order mediation right away to save time and money.
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Marshall Deason ·
As the other attorneys have implied, you cannot be blindsided by a partition judgment. Like most other lawsuits, a process server must hand you a copy of the complaint. After you receive the complaint, you have 20 days to file an answer. If you are unsure of whether a partition suit has been filed against you, you might want to get ahead of the game by hiring a lawyer before you are served. Your lawyer can see if any suit has been filed and help you work toward a money saving settlement.
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